Could we do any better than this?
It is now well known in Kenya that state administration in Kenya is synonymous to the executive power or the Government. It is easy to hear such words as my Administration or my Government. This is the reality and the fact in Kenya that an elected President shall be the one heading the administrative affairs of the state. This is proper and in order. What is not proper and not in order is politicization of the entire administrative system. Kenya has always got it wrong….the winner takes it all. Whoever is in top leadership will consider his or her cronies and ethnic group or political party and others in the public administration of the state affairs. This practice has not done any justice to the administrative system in Kenya. It has re-generated into corruption, impunity, nepotism and tribalism. It has not done any justice even to issues of equal opportunities and gender parity.
There are many questions than answers when it comes to the new constitution and new functions such as vettings, regional balance, national integrity among many others. Lets not make the mistake of subjecting professionalism to political gains and choices. Politicians can come and go but administrative principles should remain intact. This is what shall make public institutions strong and performing. It is in this manner even powerful individuals shall face justice and even be punished. As so long as powerful individual can defend a state officer from facing the wrath of law, there shall be disappointments especially on corrupt individuals who should be put in jail and even hanged.
Another evil in the public administration is money. Corrupt money is too much and the state is not incontrol of the appetite for money. So much money that is lost, find its way through the public administrators. It is again in Kenya that rarely civil servants face justice in court and if they do, they are never convicted. Tell me, who saves them from facing the law? The answer is obvious the topmost powerful politician who is the beneficiary of the entire complex. We are treading in dangerous waters unless public adminstration will be separated from politics of the day.
Read my book – Administrative Law: Kenya Experience, 2019 authored by Dr. Peter Onyango Onyoyo, University of Nairobi – School of Law – Kisumu Campus. It has so much that can build your knowledge on how the law works in Kenya and where we fail as country.